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Home My WebLink AboutRES CC 1999 1584 1999 0317RESOLUTION NO. 99 -1584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 2 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 97 -1 ON THE APPLICATION OF CHANNEL DEVELOPMENT FOR EDDIE GHARABAGHI FOR APPROVAL OF A WATERFALL FEATURE, LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND LIBERTY BELL ROAD, ASSESSORS PARCEL NO. 506- 0 -270- 34. WHEREAS, on February 2, 1999, the applicant applied for Minor Modification No. 2 to Commercial Planned Development Permit No. 97 -1; and WHEREAS, the Director of Community Development referred the matter to the City Council on March 17, 1999; and WHEREAS, at its meeting of March 17, 1999, the City Council considered the application filed by Channel Development for Eddie Gharabaghi, requesting approval of Minor Modification No. 2; and WHEREAS, at its meeting of March 17, 1999, the City Council after review and consideration of the information contained in the staff report dated March 5, 1999, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in the staff report and accompanying documents, and public testimony, the City Council finds that: a. The project is Categorically Exempt from California Environmental Quality Act requirements as a Class 1 exemption for the operation or alteration of private structures; b. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City Zoning Ordinance; C. The Minor Modification is compatible with the character of surrounding development; Resolution No. 99 -1584 Page 2 d. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; e. The Permit would not be detrimental to the public interest, health, safety, convenience, or welfare; f. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located; and g. The proposed project would not have a substantial adverse impact on surrounding properties. SECTION 2. The City Council conditionally approves Minor Modification No. 2 to Commercial Planned Development Permit No. 97 -1 for construction of a waterfall feature. SECTION 3. Approval of Minor Modification No. 2 to Commercial Planned Development Permit No. 97 -1 subject to the following conditions: 1. Approval of a Zoning Clearance is required prior to the construction of the feature. The location and design of improvements shall be as shown on the approved plans as modified by the following conditions of this Section 3. 2. All conditions of approval of Resolution No. 97 -1409 shall apply unless modified by this permit. 3. The approved landscape plan shall be modified to reflect the waterfall feature. 4. The approved plans and construction of the building shall not be revised to reflect any additional modifications, unless an appropriate modification is approved by the City. 5. The depth of the water in the waterfall basin shall not exceed 18 inches. 6. Any lighting proposed for the waterfall feature shall be reviewed and approved by the Director of Community Resolution No. 99 -1584 Page 3 Development prior to installation. The lighting plan shall be modified and approved by the City to reflect any approved lighting changes. All changes to the lighting plan shall be prepared by an electrical engineer registered in the State of California. The lighting plan shall meet all requirements of Condition No. 63 of Resolution No. 97 -1409. 7. Any landscaping proposed for the waterfall feature shall be reviewed and approved by the Director of Community Development prior to installation. The landscaping plan shall be modified and approved by the City to reflect any approved landscaping changes. 8. Any portion of the waterfall structure which is in the Traffic Safety Sight Area shall be reduced to a maximum height of three (3) feet. 9. All waterfall materials and paint colors shall be approved by the Director of Community Development and shall complement those approved for the overall center. 10. The continued maintenance of the landscaping, permit area, and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 11. The applicant and successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 12. Prior to issuance of a Zoning Clearance for construction of the waterfall, applicant shall pay all applicable fees and all outstanding case processing costs. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the book of original Resolutions. Resolution No. 99 -1584 Page 4 PASSEDED AND ADOPTED THIS 17th I/AY PF MARCH, X1999. ATTEST: Deborah S. Traffens dt, City Clerk trick Hufter, Mayor Resolution No. 99 -1584 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1584 was adopted by the City Council of the City of Moorpark at a meeting held on the 17th day of March, 1999, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 19th day of May, 1999. S. Deborah S. TraffenA dt, City Clerk �--.� (seal)